Earlier quoted context omitted.
European here. I like the cookie law. It's made it clear to people how much we're being tracked and I can choose to opt out. The implementation could of course be better but the real issue is the scummy web devs choosing to make it as annoying as possible instead of taking the more sensible decision to not have 150 trackers on every page. >> I see a lot of pro-EU content on this site when they're terrible on both tec…
So you like the law, but don't like how it didn't actually solve the problem it was trying to solve? I assume you're pretty well read up on matters of privacy, right? So you have a better awareness and understanding. But do you believe the average person does? Or would you assume that the average person has either been trained to ignore the banner, automatically consent to more invasive tracking, or is generally more…
You want the winner to be the side with more expensive lawyers who use psychological manipulation techniques against a jury?
In general juries are the finders of fact. They decide what happened, e.g. who is lying. Judges decide the law, i.e. whether the thing the jury says they did is a violation of the law.
What you're asking for is to have the jury decide what the law is. There are a lot of problems with that, but one of the big ones is that jury determinations don't have to follow precedent and, unless you want judges ultimately deciding it anyway, can't really be appealed. Which would result in zillions of spurious lawsuits against innocent people because a small percentage of them would win big at random.